#ABKLaw BLOG by Michael Jaccarino: What Happens When A Department Of Sanitation Worker, Or An Employee Of Another City Agency, Gets Arrested?

There is a mistaken belief sometimes that you are convicted of a crime and serve your sentence, then you will have paid your debt to society – and that’s the end of it. But that is far from the end. Collateral consequences surely exist, which are separate from any direct ones you may face from pleading guilty or being convicted in court. If you are accused of a crime, it’s important to understand the full scope of what a conviction really means for your future, including the collateral consequences involved. In New York City, individuals who are employed by the city face additional unpleasantness. Oftentimes, their job is on the line.

Although employees of New York City entities are not the only ones who have to address the consequences of their arrests to their jobs or careers, those who work for the City of New York have strict protocols that they must follow. For them, it is not only critical for these professionals to properly resolve their criminal case, but to do so in a manner that does not jeopardize their employment with New York City.

There are many agencies throughout New York City that have thousands of people who work for them, including the  Department of Buildings (DOB), Department of Education (DOE), New York City Housing Authority (NYCHA), Department of Transportation (DOT), Department of Sanitation (DSNY), and the Taxi and Limousine Commission (TLC), Department of Investigation (DOI), Department of Correction (DOC), to name a few. Whether you are a teacher or a sanitation worker, if you have been arrested, PSB 100-11 mandates that you advise both the Agency Personnel Officer within three days of your arrest. So, if you are a city employee and have been arrested, your first call should be to your union representative.  Your second should be to a trustworthy, competent, and experienced criminal defense attorney. Oftentimes, in our experience, the Department of Sanitation will suspend an employee for 30 days, following an arrest, although there is a procedure for review. The DOE is different, as we often draft a letter and send it to the OPI, requesting that they wait until the resolution of the criminal case before taking any action against our client.  Generally, we have seen positive results.    No matter what happens initially, it is the final outcome of the case which will ultimately determine the employee’s future as a city employee.  So, having an excellent attorney, who is aware of the type of resolution to the criminal case that must be achieved, is of the utmost long-term importance.

The lawyers at Aidala, Bertuna, and Kamins have represented hundreds of city workers, including teachers, lawyers, and sanitation workers.  We are currently fighting hard for two clients who work for the Department of Sanitation, and this year, partner Michael Jaccarino was able to get all firearm and weapons possession charges dismissed for a client who was a probationary hire for the Department of Sanitation. 

Once your case is finished and, hopefully the intended result was achieved, we will help you obtain a certificate of disposition from the clerk of the court, so you can provide it to your employer, and resume work.

If you or someone you know has been charged with a crime, it is important to consult with an experienced criminal defense lawyer at Aidala, Bertuna & Kamins.

At Aidala, Bertuna & Kamins, our criminal defense lawyers have a wealth of experience in both Federal and State Court, and have defended some of the most high profile cases in the country.  Contact us today if you or someone you know is facing criminal charges of any kind.

Michael Jaccarino, and the criminal defense attorneys at Aidala, Bertuna & Kamins, PC, have decades of experience. 

For more information or more fact-specific discussions, call our office and ask to speak with attorney Michael Jaccarino.